Ballarat Day Procedure Centre Summary

[2013] FWCA 9455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Day Procedure Centre
(AG2013/11650)

BALLARAT DAY PROCEDURE CENTRE SINGLE ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 4 DECEMBER 2013

Application for approval of the Ballarat Day Procedure Centre Single Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat Day Procedure Centre Single Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Ballarat Day Procedure Centre. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 11 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ballarat Day Procedure Centre Pty Ltd applied for approval of the Ballarat Day Procedure Centre Single Enterprise Agreement 2013-2016. The dispute centred on the terms and conditions of employment for the employees of the Ballarat Day Procedure Centre, who were represented by the Health Services Union of Australia. The application was heard by Commissioner O’Brien.

The primary legal issue the Commission had to decide was whether the agreement was in the best interests of the employees. This involved assessing if the agreement met the requirements of the Fair Work Act 2009, specifically if it was a simple, direct and easy to understand document, and whether it had been independently negotiated. A secondary issue was whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account their needs and the employer's ability to pay.

The Commission determined that the agreement was appropriately negotiated and met the requirements of the Fair Work Act. It was found to be a straightforward document that clearly outlined the terms and conditions of employment. The Commission also considered the employees' needs and the employer's capacity to pay, concluding that the agreement provided fair and reasonable terms. Consequently, the Commission approved the agreement, acknowledging that it was in the best interests of the employees.

The Fair Work Commission approved the Ballarat Day Procedure Centre Single Enterprise Agreement 2013-2016, recognising it as being in the best interests of the employees and meeting the legislative requirements.

Ballarat Day Procedure Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established